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Articles by Carl Crosby Lehmann
Gray Plant Mooty
Minneapolis, Minnesota
www.GPMLaw.com
Carl.Lehmann@GPMLaw.com
(612) 632-3234
Carl has significant experience in advising employers on personnel matters, drafting employment policies and agreements, and litigating employers’ interests in both administrative and judicial proceedings. Carl’s practice includes advising employers in personnel-related matters, including terminations, discrimination and sexual harassment issues, defamation claims, employment and independent contractor agreements, noncompete and confidentiality agreements, wage-hour concerns, voluntary and mandatory affirmative action policies, and insurance issues.
Carl Crosby Lehmann
Q. Many of our employees are eligible for a bonus at the end of each year if they meet specific yearly sales goals. Are we required to prorate the bonus for employees who fail to meet their goals because they took FMLA leave during the year?
Q. One of our employees has tattoos on her upper arms. She usually wears long sleeves, but summer is coming. Can we require her to cover the tattoos? We don’t have any kind of a dress code, but would implement one if it meant she had to cover them.
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Q. We gave three Muslim employees a prayer area and time off to pray. This seems to have given others ideas. We had two religious accommodation requests for time off and dress code modifications. But I’ve never heard of their “religion.” Can I ask more about it?
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Q. I am an HR manager for a company with 30 employees. One of my newer full-time employees who has worked here for just over a year tells me that she needs some time off because she is adopting a baby from Russia. Am I required to give her any time off for the adoption?
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Q. Our company is looking for ways to cut labor costs in order to remain competitive. We are considering implementing a reduction in our labor force and wondering if there are other cost-saving options that are not as legally risky as laying off people.
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Q. I attended a seminar for HR professionals last month where the instructor discussed the value of offering performance improvement plans and last-chance warnings to employees before they are terminated. Is my company obligated to offer these plans or warnings?
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Q. After the holidays, our hourly employees returned to pre-holiday productivity. But our exempt employees didn’t. What can I do since their salaries aren’t dependent on how many hours they work?
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Q. I know it’s early, but last summer we had lots of conflicts over who could take vacation during certain weeks, with several people demanding time off around holidays. I want to use a lottery system to allocate vacation time. Is this legal?
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Q. We have employees who work on-call and often accrue overtime hours. They receive a different amount of pay for on-call work than regularly scheduled work time. How do we calculate their regular rate of pay for overtime purposes?
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Q. I am wondering if we can contract with employees to resolve employment-related disputes, including statutory claims, with binding arbitration. Are there any problems with this?
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